Sec. 45.29.516. What constitutes filing; effectiveness of filing.

591 words·~3 min read·/ak/title-45/chapter-29/45-29-516

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as otherwise provided in

(b)of this section, communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.

(b)Filing does not occur with respect to a record that a filing office refuses to accept because

(1)the record is not communicated by a method or medium of communication authorized by the filing office;

(2)an amount equal to or greater than the applicable filing fee is not tendered;

(3)the filing office is unable to index the record because, in the case of

(A)an initial financing statement, the record does not provide a name for the debtor;

(B)an amendment or information statement, the record

(i)does not identify the initial financing statement as required by AS 45.29.512 or 45.29.518, as applicable; or

(ii)identifies an initial financing statement whose effectiveness has lapsed under AS 45.29.515 ;

(C)an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual that was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's surname;

(D)a record filed in the filing office described in AS 45.29.501 (a)(1) that relates to real property, the record does not provide a sufficient description of the real property to which it relates; or

(E)a fixture filing or other filing allowed to be filed for record in a filing office described in AS 45.29.501 (a)(1), the filing does not provide the name of the debtor and record owner;

(4)in the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;

(5)in the case of an initial financing statement or an amendment that provides a name of a debtor that was not previously provided in the financing statement to which the amendment relates, the record does not

(A)provide a mailing address for the debtor; or

(B)indicate whether the name provided as the name of the debtor is the name of an individual or an organization;

(6)in the case of an assignment reflected in an initial financing statement under AS 45.29.514

(a)or an amendment filed under AS 45.29.514 (b), the record does not provide a name and mailing address for the assignee;

(7)in the case of a continuation statement, the record is not filed within the six-month period prescribed by AS 45.29.515 (d); or

(8)the record is not communicated on a form authorized by filing office regulation.

(c)For purposes of

(b)of this section, a record

(1)does not provide information if the filing office is unable to read or decipher the information; and

(2)that does not indicate that it is an amendment or identify an initial financing statement to which it relates as required by AS 45.29.512 , 45.29.514, or 45.29.518 is an initial financing statement.

(d)A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set out in

(b)of this section, is effective as a filed record except as against a purchaser of the collateral who gives value in reasonable reliance on the absence of the record from the files.